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Judgment
On matter being called, no one has appeared to submit on the petition. The absence is indicated as boycott of Chief Justice''s Court.
This is petition by which Petitioners desire the proceeding of prosecution to be quashed. The issue may have arisen because in the writ petition filed by the same Petitioner (C.W.J.C. No. 2135/87 and others) there is an issue that the Petitioner may perhaps have traded without having obtained a licence under the Bihar Agricultural Produce Markets Act, 1960. The contention on behalf of market committee in the writ petition is that no licence had been obtained. In the writ petition this Court has observed that if there be any assessment in any case it would be subject to an appeal u/s 27 (B) of the Act. All those disputed question of fact or issues between the Petitioners as an Assessee and the market committee are yet open. For instance if the Petitioners may have traded without a licence then it cannot be said that the action to prosecute the Petitioners is unfounded.
This Court is not going into any details on the merit of the matter as the assessment of the Petitioners has yet to be finalised and all or one assessment may be Subject to an appeal.
There is no reason for the Court to quash the prosecution.
With the aforesaid observation, the petition is dismissed.